MUTUAL OF ENUMCLAW INS. CO. v. ROBERTS

No. 21495.

912 P.2d 119 (1996)

128 Idaho 232

MUTUAL OF ENUMCLAW INSURANCE COMPANY, Plaintiff-Respondent, v. David M. ROBERTS, Defendant, and Denise Roberts, as the mother and special conservator of Drew Roberts, a minor, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 1995 Term.

March 5, 1996.


Attorney(s) appearing for the Case

Bohner Chasan & Walton, Boise, for appellant.

Benoit, Alexander, Sinclair, Harwood & High, Twin Falls, for respondent.


TROUT, Justice.

This is an insurance coverage case in which the insurer sought a judicial declaration that, under a homeowner's insurance policy, it was neither obligated to defend the insured nor to cover claims against him arising from injuries sustained by the insured's son in a swimming pool accident.

I.

BACKGROUND

Mutual of Enumclaw (Mutual) issued a homeowner's insurance policy (Policy) on...

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